Provides a full analysis of the challenges involved in transnational co-operation, such as the taking of evidence and tracing the proceeds of crime, and suggests potential solutions

New to this Edition:

Assesses the development of EU criminal law from simple mutual assistance to the area of freedom, security and justice, as well as the creation of European Judicial Network and the European Arrest Warrant

Includes coverage of the update of the Commonwealth Scheme in 2011

Addresses new practices in taking evidence at a distance, through video-conferencing and similar techniques, and in cross-border mediation

International Co-operation in Civil and Criminal Matters

Third Edition

David McClean

Description

For over a century states have co-operated in providing evidence for use in civil trials in other countries. The growth of international crimes such as drug-trafficking, money-laundering, terrorism, and insider-trading now pose a substantial threat to the economies and stability of states, and governments and international organizations have been quick to expand past experience into a variety of responses - both diplomatic and institutional - to the new international crimes.

This book sets out the law applicable to co-operation between states in these areas, and investigates the relevant practice and case law. It discusses both the civil and criminal dimensions of international co-operation. The new edition incorporates the vast number of developments
that have taken place since the previous edition published in 2002, including the European Union's resolve to build an area of freedom, security, and justice, and the recent major update of the Commonwealth Scheme.

International Co-operation in Civil and Criminal Matters

Third Edition

David McClean

Table of Contents

1. Civil Matters: Challenges and Solutions2. Service of Process3. Taking of Evidence4. Other Forms of Co-operation in Civil Matters5. Criminal Matters: Old Hesitations and Modern Activity6. General Mutual Assistance Instruments7. Service of Documents and Obtaining Evidence8. Particular Types of Criminal Activity9. The Proceeds of Crime10. Criminal Records and the Recognition of Penalties

International Co-operation in Civil and Criminal Matters

Third Edition

David McClean

Author Information

David McClean CBE, QC, is Professor of Law and Dean of the Faculty of Law at the University of Sheffield. He joined the University of Sheffield after studying at Oxford and was a Pro-Vice-Chancellor of the University from 1991 to 1996. He is the country's leading expert in civil aviation law and general editor of the standard text (Shawcross and Beaumont on Air Law); he is also one of the leading private international lawyers and an editor of the standard text (Dicey and Morris on the Conflict of Laws). He regularly works as an adviser to the Commonwealth Secretariat, work which relates to international co-operation both in civil justice and in the fight against international organised crime. He is also an expert on the law relating to the Church of England.